Sixth Annual Report of the Legislative Assembly of January 1, 2007 to December 31, 2007

Table of Contents

PART I ‐ Behind the Scenes: Legislative Assembly Administration Organization of the Legislative Assembly ...... 4 The Speaker of the Legislative Assembly...... 5 Standing Committee on Legislative Management...... 6 Office of the Clerk...... 7 Budget of the Legislative Assembly...... 10

PART 2 ‐ Responsible Government: Reports on Activities & House Services Report on Activities In the House...... 12 In Administration...... 14 Reports from House Services Committees...... 15 Hansard ...... 26 Library...... 31 Sergeant‐At‐Arms...... 33 Indemnities & Allowances Commission ...... 34 Prince Edward Island Branch of the Commonwealth Parliamentary Association. . . . . 35

PART 3 ‐ Connections: Procedure, History, & Symbols of the Legislative Assembly A Day in the Life of the House...... 39 Living With the Past: 235 Years of Government...... 41 Living In the Past: 161 Years of Province House...... 42 History of the Commonwealth Parliamentary Association...... 44 Colonial Beginnings: The Role of the Lieutenant Governor...... 45 Symbols of Authority The Mace...... 46 The Black Rod...... 46 Legislative Assembly Emblem...... 47 Ticorn Hat...... 47 Bowler Hat...... 48 Gavel...... 48

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 2 Part 1 - Behind the Scenes LEGISLATIVE ASSEMBLY ADMINISTRATION

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 3 Organization of the Legislative Assembly

The OLA has access to a The Office of the Legislative Assembly (OLA) provides the administrative wide range of staff and and procedural support Members need to carry out their duties as resources that help elected officials. support the activities of the House and provide The Standing Committee on Legislative Management, chaired by the services to the public: Speaker and composed of Members of the House, governs the OLA and administrators, lawyers, ensures an “arm’s length” relationship is maintained between the security, researchers, operations of the House and the operations of the Executive. computer technicians, and maintenance Below is an unofficial organizational chart of the Office of the Legislative personnel. Assembly.

Responsible for providing support services to all Members, the Office of SPEAKER the Legislative Assembly is an impartial authority.

STANDING COMMITTEE ON LEGISLATIVE MANAGEMENT

CLERK

ADMINISTRATION & AUDIO/VISUAL SERGEANT‐ HOUSE COMMITTEES HANSARD LIBRARY HUMAN RESOURCES SERVICES AT‐ARMS OPERATIONS

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 4 The Speaker of the Legislative Assembly

SPEAKER OF THE HOUSE The Speaker of the Legislative Assembly is elected by secret ballot Honourable Kathleen Casey procedure at the beginning of every new General Assembly. All Members, except the Premier, Members of Executive Council, Leader of the Opposition and leaders of political parties in the House, are eligible for election as Speaker. The Speaker, once elected by secret ballot, has received the confidence of the majority of Members in the House and must preside over the debates and make sure the House follows established rules of procedure and behaviour.

It is important the Speaker be as impartial and politically neutral in manner as possible in order to maintain the confidence of the House and equally represent the interests of all Members, regardless of political affiliation. This is particularly important as it is the Speaker’s first duty to claim, on behalf of all Members, the “ancient and Meetings are easier to accustomed parliamentary rights and privileges,” the most important of manage when someone which is freedom of speech in debate. Balancing the right of the is in charge of keeping majority to conduct business with the right of the minority to be heard order. In the House, that is one of the Speaker’s most difficult tasks. person is the Speaker, who is responsible for In addition to these responsibilities, the Speaker chairs the Standing maintaining the rules Committee on Legislative Management and the Standing Committee on and customs of the Legislative Audit. The Speaker also serves as President of the Prince House, and ensuring all Edward Island Branch of the Commonwealth Parliamentary Association Members have the right and, as such, represents the Legislative Assembly at regional, national to freedom of speech in and international meetings of the CPA. debate. The Speaker is elected by a secret ballot of all Members in the The Speaker is responsible Assembly. for guiding the House through its daily routine by calling items on the agenda, recognizing Members who wish to debate, and putting questions to the House for decision.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 5 Standing Committee on Legislative Management

Chaired by the Speaker, The Standing Committee on Legislative Management had an active year in the Committee oversees 2007, dealing with such matters as staffing changes resulting from the administration of the resignations, budgeting for the Legislative Assembly, determining levels of House. Membership in support provided to Opposition and Government Members Offices, the Committee is set out managing Province House and Queens Square, operating the offices for in the Rules of the officers of the Legislative Assembly, and many other administrative Legislative Assembly, matters, issues and initiatives respecting the operation of the House. which states that the Leader of the Official Some of the matters considered by the Committee include: Opposition, Leader of the Third Party, Government • planning the Legislative Assembly base budget for House Leader, 2007/2008, and projecting issues for base budget Government Caucus 2008/2009 Chair, Opposition Caucus • re‐establishing a Research/Legislative Library and creating Chair, and the Deputy full‐time staff positions for the same: Research Librarian Speaker, or designates and Research Officer for any, sit as members. • creating a part time Committee Clerk position to support an increase in the Legislative Committee workload • ongoing long‐term leave of the Information and Privacy Commissioner • grounds redevelopment on the south side of Province House • staffing and personnel issues in Elections PEI • membership in the Council of State Governments/Eastern Regional Conference • budget for the Offices of the Conflict of Interest Commissioner, the Information and Privacy Commissioner and Elections PEI • supporting the Assemblée parlementaire de la Francophonie The Committee provides security, facilities, and services for party caucuses and Members, appoints staff, and oversees the budget of the Legislative Assembly.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 6 Office of the Clerk

CLERK OF THE The Office of the Legislative Assembly continues to provide human LEGISLATIVE ASSEMBLY resource services to the various operations of the House. Included are Charles. H. MacKay the Legislative Assembly Office, Sessional Offices, Opposition Members and Government Members Offices, Conflict of Interest Commissioner, Elections P.E.I. and the Office of the Information and Privacy Commissioner.

Throughout 2007, the Office of the Legislative Assembly continued to support such initiatives as the Prince Edward Island Page Programme, the Rotary Youth Parliament, and co‐management of Province House (in cooperation with Parks Canada). In addition, the Assembly hosted one national and one international conference on Prince Edward Island. PEI hosted the Canadian Presiding Officers Conference from January 19 ‐ 22, 2007. Business sessions included: ASSISTANT CLERK OF THE LEGISLATIVE ASSEMBLY • A presentation from Dr. David Docherty, Author of Marian Johnston Legislatures (part of the Legislative Audit Series) on what legislatures are doing, what they should be doing, and a discussion on possible criteria to evaluate the performance As the chief permanent of legislatures officer of the Legislative Assembly, the Clerk aides • A presentation from Dr. David McNeil, Clerk of the Legislative the Speaker in providing Assembly of Alberta on Alberta’s Online Virtual Visit Program administrative support to and attempts to engage youth interest in their parliament Members, and advises the Speaker and all Members • Hon.Peter Milliken, Speaker of the House of Commons lead a on parliamentary roundtable discussion on decorum in the Chamber and procedure, helping ensure challenges faced by presiding officers in maintaining an the proper execution of appropriate level of decorum in the House House rules and practices. • Mr. Tim Mercer, Clerk of the Legislative Assembly of the Northwest Territories, presented on the question of language rights in the Northwest Territories and a decision to suspend the production of Hansard

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 7 Office of the Clerk

The Clerk maintains official • Diane Leblanc, Deputy Speaker of the Assemblee nationale records of the business of and Michel Bonsaint, Deputy Secretary General, Assemblee the House, and is the nationale presented on L'affaire Michaud custodian of the House’s parliamentary papers. In August of 2007, PEI once again served as host, this time for the Annual General Meeting and Professional Development Seminar of the The Clerk and Assistant Association of Clerks‐at‐the‐Table in Canada. The Conference was well Clerk are present at each attended, with business sessions including: sitting of the House, seated at a table in front of the • A presentation on the development, history and operation of Speaker. the Legislative Assembly of Prince Edward Island by Charles MacKay, Clerk and Marian Johnston, Clerk Assistant and Committee Clerk

• A presentation by Robert Vaive, Deputy Clerk, British Columbia on “Politics, Risk and Money: Challenges of Managing Parliament’s Finances”

• A joint presentation from delegates from the Yukon, Ontario and Saskatchewan on becoming a Clerk of a Legislative Assembly (newly appointed Clerks on the challenges of succession)

• “Procedural and Administrative Challenges of a Minority Parliament,” a presentation from Greg Putz, Clerk of the Legislative Assembly of Saskatchewan

• “The Evolution of Private Members’ Business in the House of Commons,” a presentation by André Gagnon, Deputy Principal Clerk, House of Commons

Any documents or reports presented by Members during the sitting are given to the Clerk for safekeeping, and are said to have been ‘tabled.’

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 8 Office of the Clerk

The Clerk, Assistant Clerk, • A presentation from Dr. David McNeil, Clerk of the Legislative and Clerk of Committees Assembly of Alberta on democratic reforms at the Alberta are also referred to as Legislature the Clerks‐at‐the‐Table or Table Officers. • Jurisdictional reports of international conference participants from: • House of Commons, UK • House of Lords, UK • Report from the President of the Australia ‐ New Zealand Association of Clerks‐at‐the‐Table • Report from the representative of the American Society of Legislative Clerks and Secretaries • Scottish Parliament • Parliament of Wales

• A presentation from Blair Armitage, Principal Clerk of the Senate entitled “Perjury, Privilege and Contempt! Oh, my!”

In conclusion, the Clerk would once again like to thank all of those in the Government Service who provide assistance and support to the Legislative Assembly. Without the competent and professional assistance of these dedicated public servants, the Office of the Assembly would not be in a position to deliver high quality services to Members and the public. Specifically, special thanks are extended to Audio Visual Services (Provincial Treasury), Fiscal Management (Provincial Treasury), Queen’s Printer (Provincial Treasury), and the Financial Information System support staff, Information Technology Management Group, Department of Transportation and Public Works, the Provincial Archives and Federal Parks Canada.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 9 Budget of the Legislative Assembly

2007‐2008 Original 2007‐2008 Budget 2007‐2008 Revised Budget Estimate ($) Adjustment ($) Budget Estimate ($)

LEGISLATIVE SERVICES 1,816,000 96,700 1,912,700

MEMBERS 1,714,400 491,800 2,206,200 OFFICE OF THE CONFLICT OF INTEREST COMMISSIONER 29,600 — 29,600 OFFICE OF THE INFORMATION & PRIVACY COMMISSIONER 90,300 — 90,300

ELECTIONS PEI 160,900 959,400 1,120,300 Total 3,811,200 1,547,900 5,359,100

Values are for total costs associated with the general functioning of each office, including items such as staff salaries, telephone and printing costs, training and professional development, and operating grants for Government Members’ and Opposition Members’ Offices.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 10 Part 2 - Responsible Government REPORTS ON ACTIVITIES & HOUSE SERVICES

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 11 Report on Activities In the House

PERIOD OF THE REPORT The Fourth Session of the Sixty‐second General Assembly commenced January 1, 2007 to on November 16, 2006 with a Speech from the Throne and adjourned to December 31, 2007 the call of the Speaker on December 15, 2006. The Session reconvened on April 3, 2007 followed by the presentation of the 2007/2008 Budget by the Honourable , Provincial Treasurer on April 10, 2007. PARLIAMENTARY SESSIONS COVERED IN THIS PERIOD The last sitting day of the Fourth Session was held on Friday, April 27, 4th Session of the Sixty‐ 2007 as the Sixty‐second General Assembly was dissolved on April 30, Second General Assembly 2007 and a General Election was called for May 28, 2007. The House (November 16, 2006 to was dissolved without having approved the Budget as proposed for April 30, 2007) fiscal year 2007/2008 thereby creating a necessity for the House to resume business for the passage of the budget later in the fiscal year 1st Session of the Sixty‐ than usual. Third General Assembly (July 6, 2007 to At the time of dissolution, party standings in the House were twenty‐ February 19, 2008) three Progressive Conservative Members and four Liberal Members.

The General Election resulted in a change of Government with a complete reversal of seats for the political parties represented in the KEY DATES House. Twenty‐three Liberal Party Members and four Progressive April 30, 2007— Conservative Party Members were returned to the Legislative Assembly. Sixty‐Second General Assembly dissolved The election results posed a challenge for those involved in the administration of the House as nineteen of the Members returned had May 28, 2007— no previous experience as Members of the Legislative Assembly. General Election Orientation sessions were important as Members were eager to gain an appreciation of how to conduct business on the floor of the House and to be as effective as possible in a parliamentary setting in promoting their respective agendas.

TOTAL NUMBER OF SITTING DAYS (January‐December 2007) —27

Photo by Marian Johnston.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 12 Report on Activities In the House

LEGISLATIVE STATISTICS The First Session of the Sixty‐third General Assembly commenced on Government Motions—4 July 6, 2007, for the purpose of Members swearing, or solemnly Government Bills—21 affirming, the Oath of Allegiance as required pursuant to the Constitution Act of 1867, and for the election of a Speaker of the Private Members’ Legislative Assembly by secret ballot as required pursuant to the Motions—10 Legislative Assembly Act and the Rules of the Legislative Assembly. As Private Members’ the only candidate, Hon. Kathleen Casey was unanimously elected by Bills— 0 acclamation as the 40th Speaker of the Legislative Assembly of Prince

Written Questions Edward Island. Tabled—59 Written Questions After the election of Speaker, the House adjourned to the call of the Answered—1 Speaker. The First Session then reconvened on October 16 for the presentation of the 2007/2008 Budget by the Hon. , Provincial Treasurer (his first budget presentation and address as Provincial Treasurer). FINANCIAL STATISTICS Estimates of Revenue and Expenditure tabled. The House then sat until November 2, 2007, and adjourned to the call of the Speaker. $1,258,504,400 Survey of Sitting Days in the House, budget approved 1997‐2007 Year Number Capital Estimates of days introduced Jan. 1 ‐ Dec. 31, 2007* 27 Jan. 1 ‐ Dec. 31, 2006 50 $52,458,200 net capital Jan. 1 ‐ Dec. 31, 2005 54 expenditures approved Jan. 1 ‐ Dec. 31, 2004 46 for FY 2008‐2009 Jan. 1 ‐ Dec. 31, 2003* 44 Jan. 1 ‐ Dec. 31, 2002 45 Jan. 1 ‐ Dec. 31, 2001 44 Jan. 1 ‐ Dec. 31, 2000* 35 Jan. 1 ‐ Dec. 31, 1999 58 Jan. 1 ‐ Dec. 31, 1998 63 Jan. 1 ‐ Dec. 31, 1997 68 *Indicates a General Election year.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 13 Report on Activities In Administration

HIGHLIGHTS Hansard continues as a professional and reliable parliamentary Library & Research publication with the Hansard Editor assuming responsibility for editing Service re‐established committee transcripts in 2006, and creating a committee index (see Hansard Office Report ‐ page 26). Audio proceedings and video New positions & proceedings of the House continue to be broadcast live on the Internet new employees and are also available in an archived format.

Joint management of Security measures continue to be reviewed on an ongoing basis (see Province House with Sergeant‐At‐Arms Report, page 33). One significant change in Parks Canada administration in this area is that Prince Edward Island has followed the Upgrade for Chamber example of many Canadian jurisdictions in that the Sergeant‐At‐Arms broadcast system has been made responsible for the overall provision of security services at Province House. Previously, the Director of Security was responsible for the provision of security services and the Sergeant‐At‐Arms served in primarily a ceremonial capacity.

Other important developments at the Legislative Assembly during calendar year 2007 include:

• The re‐establishment of the Legislative Library in the Parliamentary precinct (see page 31 for the Legislative Library Report). • Continued negotiations with Parks Canada on the Memorandum of Agreement between the Province and Parks Canada on the operation and maintenance of Province House and required capital expenditures to repair grounds on the south side of Province House. • Upgrading requirements for the Legislative Chamber video broadcast system • Renovation of first floor Coles Building to accommodate Gary Watts getting the House ready for a sitting. offices for the Research Librarian and Research Officer

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 14 Reports from House Services Committees

CLERK OF COMMITTEES The Standing Committees are established by order of the Rules of the Marian Johnston Legislative Assembly of Prince Edward Island, 1988, which lists the committees the House has decided will be appointed in every session. COMMITTEE CLERK Melissa Keefe Committee work is an important part of the work of Members. In committee, Members can study legislation, inspect government spending, and gather information on issues referred to them by the House. Committees have the tools to investigate matters in detail by STANDING COMMITTEES calling for expert testimony, inviting public input, or examining policies Agriculture, Forestry, from other jurisdictions for comparison, tasks made easier by the & Environment smaller Committee size.

Community Affairs & In total, 27 meetings were held during 2007 to undertake work Economic Development mandated to various committees.

Constitution of Canada During the period of this report, Committees dealt with issues ranging

Fisheries, from government finances to agriculture to Sunday shopping. Intergovernmental Affairs, & Transportation The following pages present information regarding committee membership, number of meetings, and number and dates of the Privileges, Rules, committees’ reports to the Legislative Assembly during the 4th Session & Private Bills of the Sixty‐second General Assembly and the 1st Session of the Sixty‐ third General Assembly. Public Accounts

Social Development Special Committees are created for a particular purpose, then disbanded when that purpose is discharged. They can be established during the course of each session, and vary in number and mandate.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 15 Reports from House Services Committees

Standing Committee on Agriculture, Forestry, & Environment

COMMITTEE MEMBERSHIP On November 1, 2007, a motion was COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ passed in the Legislative Assembly of 1st Session of the Sixty‐ Prince Edward Island giving the Standing Second General Assembly Third General Assembly Committee on Agriculture, Forestry and Wilbur MacDonald, Chair Environment a mandate to review the Alan McIsaac, Chair Wilfred Arsenault implementation and potential impacts of Richard Brown a province‐wide ban on the use of Hon. Ron MacKinley cosmetic lawn pesticides. The Committee Hon. Fred McCardle was authorized to meet after prorogation Hon. of the First Session of the Sixty‐third Andy Mooney General Assembly and make report to the Cynthia Dunsford Hon. Mitch Murphy House during the Spring 2008 Session. Robert Henderson Eva Rodgerson Charles McGeoghegan In tandem with this work, the Committee (as of November 1, 2007) NUMBER OF MEETINGS ‐ 0 received a series of briefings on its Robert Vessey assigned subject matter of agriculture, Buck Watts forestry and environment.

The Committee met twice to deal with NUMBER OF MEETINGS ‐ 6 the matter of cosmetic lawn pesticides; in NUMBER OF REPORTS ‐ 1 addition, it met once to elect its chair, DATE OF REPORT ‐ 31‐10‐07 once to organize its work plan, and twice to hear presentations on a variety of issues related to agriculture.

Paul Neima, Business Development Officer, Honourable Olive Crane, and Robert Henderson, touring the National Research Council building on the University of Prince Edward Island campus. Photo by Marian Johnston.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 16 Reports from House Services Committees

Special Committee on Committees

COMMITTEE MEMBERSHIP Before committees can organize or COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ undertake any business, the membership 1st Session of the Sixty‐ of each committee must be established. Second General Assembly Third General Assembly Rule 82(a) and Guidelines 3(1) and 3(2) The Special Committee on provide for the establishment of a striking Robert Vessey, Chair Committees for the Sixty‐ committee, called the Committee on Jim Bagnall Second General Assembly Committees, which is charged with the was struck November 12, selection of members for all the Standing 2003, in a previous Session. Hon. Committees, with the exception of the (until August 31, 2007) Standing Committee on Legislative Management. The Committee on Hon. Olive Crane Committees is guided by Rule 82(b), which (as of September 18, 2007) limits the membership of a Standing Hon. Wes Sheridan Committee to ten; by Rule 84, which prohibits ministers from appointment to NUMBER OF MEETINGS ‐ 1 the Standing Committee on Public NUMBER OF REPORTS ‐ 1 Accounts; and by Guideline 4, which DATE OF REPORT ‐ 17‐10‐07 specifies proportional committee membership representative of the proportions of recognized political parties in the House. In no case shall the official opposition have fewer than two members on any committee, unless there are fewer than two members of the official opposition.

The Committee on Committees was formed by motion on July 6, 2007, and reported to the Legislative Assembly on October 17, 2007. As is the case with all Special Committees, the Committee on Committees ceased to exist upon adoption of its final report.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 17 Reports from House Services Committees

Standing Committee on Community Affairs & Economic Development

COMMITTEE MEMBERSHIP The Standing Committee on Community COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ Affairs and Economic Development was 1st Session of the Sixty‐ charged, by motion, on October 26, 2007, Second General Assembly Third General Assembly with conducting public hearings on Sunday Wilfred Arsenault, Chair shopping to solicit the views of Islanders, Robert Henderson, Chair Hon. and to report back to the Legislative Jim Bagnall Carolyn Bertram Assembly in the spring of 2008. Paula Biggar Hon. Philip Brown Hon. Richard Brown The Committee met twice in late 2007 on Michael Currie this issue; in addition, it met once to elect Helen MacDonald its chair, once to organize its work plan, Cynthia Dunsford Fred McCardle and once to be briefed on the bioscience Eva Rodgerson industry on Prince Edward Island, a topic Robert Mitchell the Standing Committee identified as NUMBER OF MEETINGS ‐ 0 being of interest to its members. NUMBER OF MEETINGS ‐ 5 The Standing Committee on Community NUMBER OF REPORTS ‐ 1 Affairs and Economic Development is DATE OF REPORT ‐ 31‐10‐07 charged with matters concerning community, cultural and economic affairs, labour and justice.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 18 Reports from House Services Committees

Standing Committee on the Constitution of Canada

COMMITTEE MEMBERSHIP The Standing Committee on the COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ Constitution of Canada is charged with 1st Session of the Sixty‐ matters concerning the Constitution of Second General Assembly Third General Assembly Canada and, as a committee dealing with Hon. Pat Binns, Chair provincial‐federal matters, is chaired by Hon. , Chair Wilfred Arsenault the Premier. Jim Bagnall Carolyn Bertram Hon. Alan Campbell Hon. Robert Ghiz The constitutional amending formula Hon. Olive Crane Hon. established in the Constitution Act, 1982, Hon. Valerie Docherty requires each province to either support David McKenna and enact each constitutional amendment Hon. Hon. Mitch Murphy or, if the province wishes to dissent from Robert Vessey Eva Rodgerson the amendment, to pass a resolution of dissent so the amendment will have no NUMBER OF MEETINGS ‐ 1 NUMBER OF MEETINGS ‐ 0 power in that province.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 19 Reports from House Services Committees

Standing Committee on Fisheries, Intergovernmental Affairs, & Transportation

COMMITTEE MEMBERSHIP On November 1, 2007, a motion was COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ adopted by the Legislative Assembly 1st Session of the Sixty‐ instructing the Standing Committee on Second General Assembly Third General Assembly Fisheries, Intergovernmental Affairs and Wes MacAleer, Chair Transportation to conduct a thorough Bush Dumville, Chair Hon. Philip Brown review of the collapse of Polar Foods Jim Bagnall Hon. Michael Currie International Inc., a business failure the Michael Currie Cletus Dunn Auditor General identified as costing Island Charles McGeoghegan Hon. Robert Ghiz taxpayers approximately $31 million. (as of November 1, 2007)

Ron MacKinley The Committee met three times in late Alan McIsaac Fred McCardle 2007 in order to elect its chairman and to Robert Mitchell Andy Mooney begin work on the Polar Foods file. The Pat Murphy Auditor General, Mr. Colin Younker, CA, Hon. Wes Sheridan NUMBER OF MEETINGS ‐ 0 was in attendance at two of the meetings Buck Watts in order to assist the Committee with its inquiries. NUMBER OF MEETINGS ‐ 3

NUMBER OF REPORTS ‐ 1 The Committee will report in the spring DATE OF REPORT ‐ 2‐11‐07 2008 sitting of the Legislative Assembly.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 20 Reports from House Services Committees

Standing Committee on Privileges, Rules, & Private Bills

COMMITTEE MEMBERSHIP The Standing Committee on Privileges, COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ Rules and Private Bills is charged with 1st Session of the Sixty‐ matters concerning the rules and Second General Assembly Third General Assembly privileges of the Legislative Assembly, Helen MacDonald, Chair private bills, and matters concerning the Paul Biggar, Chair Hon. Jim Bagnall Conflict of Interest Act (Section 17). Hon. Richard Brown Carolyn Bertram Hon. Olive Crane Richard Brown Hon, Ron MacKinley Hon. Janice Sherry Wes MacAleer Robert Vessey Hon. Elmer MacFadyen Hon. George Webster Hon. NUMBER OF MEETINGS ‐ 1 NUMBER OF MEETINGS ‐ 0 NUMBER OF REPORTS ‐ 0 NUMBER OF REPORTS ‐ 1 DATE OF REPORT ‐ 25‐04‐07

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 21 Reports from House Services Committees

Standing Committee on Public Accounts

COMMITTEE MEMBERSHIP The Standing Committee on Public COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ Accounts met five times during 2007. It 1st Session of the Sixty‐ completed its review of the 2006 Report of Second General Assembly Third General Assembly the Auditor General to the Legislative Ron MacKinley, Chair Assembly in March 2007. In addition, the Jim Bagnall, Chair Wayne Collins Committee received an overview of the Paula Biggar Olive Crane property tax assessment process and tax Hon. Olive Crane Cletus Dunn administration system, and examined the Bush Dumville Hon. Robert Ghiz 2005‐2006 public accounts of the Cynthia Dunsford province, assisted by the Provincial Wes MacAleer Treasurer and the Director of Fiscal Charles McGeoghegan Wilbur MacDonald Management. The Committee requested (as of November 1, 2007) David MacKenna that the Auditor General carry out an audit Alan McIsaac of the small claims court process and Pat Murphy NUMBER OF MEETINGS ‐ 4 report back to the Committee on the Janice Sherry NUBER OF REPORTS ‐ 1 matter. Buck Watts DATE OF REPORT ‐ 11‐04‐07 In October 2007, the Standing Committee on Public Accounts met to elect its Chair NUMBER OF MEETINGS ‐ 1 and Vice‐Chair. As in other years, the NUMBER OF REPORTS ‐ 1 Committee is chaired by a member of the DATE OF REPORT ‐ 31‐10‐07 opposition, and the role of Vice‐Chair is held by a private member of the governing party. For the first time since 1987, Hon. Ron MacKinley, now Minister of Transportation and Public Works, is not a member of the Committee. According to the Rules of the Legislative Assembly, ministers of the Crown are prohibited from serving on the Standing Committee on Public Accounts.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 22 Reports from House Services Committees

Standing Committee on Social Development

COMMITTEE MEMBERSHIP During the Fourth Session of the Sixty‐ COMMITTEE MEMBERSHIP 4th Session of the Sixty‐ second General Assembly, the Standing 1st Session of the Sixty‐ Committee on Social Development met Second General Assembly Third General Assembly three times in relation to its work on Wayne Collins, Chair entrepreneurial skills and positive Janice Sherry, Chair Carolyn Bertram development in Island youth. The Jim Bagnall Olive Crane Committee made a number of Paula Biggar Hon. Robert Ghiz recommendations as a result of its public Michael Currie Wilbur MacDonald consultations, including strengthening Cynthia Dunsford entrepreneurial education in Island Hon. Elmer MacFadyen schools, encouraging consumers to Sonny Gallant Beth MacKenzie purchase locally‐produced products and Robert Henderson David MacKenna services, involving youth in civic and Hon. Neil LeClair business life, and the need for a seamless NUMBER OF MEETINGS ‐ 3 delivery of assistance, training and other NUMBER OF MEETINGS ‐ 2 NUMBER OF REPORTS ‐ 2 services to entrepreneurs across all levels NUMBER OF REPORTS ‐ 1 DATES OF REPORTS ‐ 10‐04‐07 of government. DATE OF REPORT ‐ 1‐11‐07 ‐ 11‐04‐07 The Standing Committee on Social Development is responsible for recommending to the Legislative Assembly persons to serve on the Prince Edward Island Human Rights Commission. In April 2007, the Committee recommended the re‐appointment of Mr. Richard Montigny and Ms. Anne Nicholson for a term of three years, to expire on May 19, 2010. The Committee’s report was adopted by the Legislative Assembly.

In November 2007, the Standing Committee on Social Development met to elect its chairman.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 23 Reports from House Services Committees

Conferences

Professional development The Canadian Council of Public Accounts Committees (CCPAC) is a national is an important resource to association that meets annually to discuss topics of mutual interest. Its help staff and members members represent the parliamentary public accounts committees, or work efficiently by similar committees, of all 14 parliaments within Canada ‐ the federal networking with peers and House, the ten provincial assemblies and three territorial legislatures. colleagues , and learning the latest developments in The 28th Annual Conference of the Canadian Council of Public Accounts public administration and Committees was held in Victoria, British Columbia, from August 19‐21, job performance. 2007. Attending from Prince Edward Island were delegates Jim Bagnall and Buck Watts.

Marian Johnston, Clerk Assistant and Clerk of Committees, attended the 24th Canadian Presiding Officers’ Conference in Charlottetown from January 18‐21, 2007; the annual Professional Development Seminar of the Association of Clerks‐at‐the‐Table in Canada, held in Stanhope in August 2007; the 29th Canadian Regional Parliamentary Seminar in Yukon Territory September 6‐9, 2007; and the Third Conference of Canadian Parliamentary Committee Clerks, held in Quebec City from September 12‐ 15, 2007.

Publications

In September 2007, the Legislative Assembly published the Guide to the Standing and Special Committees of the Legislative Assembly of Prince Edward Island. The booklet is intended to be a resource for members and staff, and covers a variety of topics, such as adjourning a debate, the chairman’s casting vote, publication of committee reports, quorum, rules Alan McIsaac & Honourable Olive Crane at the 29th Canadian of debate, and other explanations of parliamentary procedure and Regional Parliamentary Seminar. practice observed in committee. Photos by Marian Johnston.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 24 Reports from House Services Committees

Orientation Sessions

Part of the In September 2007, two orientation sessions were offered to newly responsibilities of the elected members, as well as to those members returning to the Legislative Clerk’s Office is providing Assembly and taking up new roles. advice and instruction in parliamentary procedure Members were given a copy of the new publication, Guide to the Standing to the speaker’s office and Special Committees of the Legislative Assembly of Prince Edward and all Members of the Island, along with information on the roles and mandates of the various house. standing committees, how to manage the business of the committee, what to expect at the first and subsequent meetings of a committee, an explanation of privilege, what steps a committee may take to obtain information, and details on reporting to the House.

Honourable Greg Deighan, Speaker of the Legislative Assembly (front row, centre), Andy Mooney, Deputy Speaker (second row, far right), and Charles H. MacKay, Clerk of the Legislative Assembly (back row, third from right), with their colleagues in the official photo of the 24th Canadian Presiding Officers’ Conference held in Charlottetown, January 2007. Photo by Brian Simpson.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 25 Reports from House Services Hansard

HANSARD MANAGER Hansard PEI was created at the commencement of the Fourth Session of Jeff Bursey the Fifty‐ninth General Assembly in 1996. Since 2003 the Hansard documents and the division itself have advanced in terms of layout of debates, professionalism and breadth of operations.

Since 2003 both the In the spring of 2003 Hansard PEI joined the Hansard Association of Hansard document and Canada, which has proven to be of great value when the assistance of the division itself have other jurisdictions has been needed on, for example, procedural matters. advanced steadily in In turn, Hansard PEI has rendered assistance to other jurisdictions. It has terms of layout of had a visible and noted presence at the HAC conferences in 2004 (Halifax), debates, professionalism, 2005 (Edmonton), 2006 (Winnipeg), and 2007 (Iqaluit). In 2005 the HAC and breadth of conference took place during the Commonwealth Hansard Editors operations. Association conference. Through these conferences, Hansard PEI has represented the Legislature on national and international stages.

At the Annual General Meeting in 2007, it was announced officially that Hansard PEI would host the conference in 2010. The conference will mark the first time that the HAC has met in Prince Edward Island. Delegates will come from the fifteen Hansard jurisdictions in Canada and, if past history is any indicator, from England, Ireland, Scotland, and Wales. It will be a significant event in Hansard PEI’s history.

Hansard PEI is the smallest in‐house Hansard. As such, in 2007, along with Nunavut, Yukon and Northwest Territories, it was asked to be part of a panel presentation for the HAC conference entitled “Hansard Issues in Small Jurisdictions.” Rather than focus on challenges or problems, the presentation Hansard PEI made spoke of characteristics that mark our jurisdiction, and the improvements made over the last four years, as well as the work left to do.

Hansard PEI was created at the commencement of the 4th Session of the Fifty‐ ninth General Assembly in 1996.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 26 Reports from House Services Hansard

The first in‐depth index The responsibilities of Hansard broadened somewhat in 2007. Hansard was created in the staff transcribed and edited the daily debates of the Spring 2007 sitting of summer of 2003, and the Fourth session of the Sixty‐second General Assembly (518,049 words) this revamped index and the Fall sitting of the First Session of the Sixty‐third General Assembly has proven to be (417,895 words). The Hansard Office also edited various meetings of the accessible and useful to various Standing Committees. Members and staff. During 2007, the manager of Hansard assisted the Clerk Assistant in the draft revision of the Rules of the Legislative Assembly, and the Guide to Standing and Special Committees. Hansard also, for the first time, created the Index for, and edited, the Journal of the Legislative Assembly for 2006‐ 2007. In July, prior to the start of the Sixty‐third General Assembly, Hansard presented at the orientation sessions for new MLAs and Cabinet ministers, explaining its role, its products, and its services.

For some years the physical design of the Hansard documents had remained the same. Before the Sixty‐third General Assembly convened there was an overhaul of the appearance of these documents. Formerly, Question Period (Oral Questions) had been printed with a light green cover and the daily debates with a gray cover. Beginning with the new General Assembly, the covers were changed to emerald for Question Period and goldenrod for Hansard. As well, the layout of the cover was updated. Furthermore, the covers of committee meetings, which had been gray or white, were given a tan cover to set them off from the other documents.

The 2006 report read in part: “Changes were made to the form of the Hansard index. The first in‐depth index was created in the summer of 2003, and this revamped index has proven to be accessible and useful to Members and staff. Early in 2007 there was a renovation to the [Fall 2006] index with four new sections added: a speaker’s index, a subject index, a list of questions taken as notice, and petitions. Hopefully these new

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 27 Reports from House Services Hansard

The newly expanded sections will be of benefit to everyone.” The previous sentence spoke to index to Hansard is the index created after the fall sitting of the Fourth session. This index almost twice as long received immediate positive, critical comments, encouraging a further as it was previously, broadening and deepening which occurred in the interregnum between providing better the dissolution of the Sixty‐second and the opening of the Sixty‐third accessibility for general assemblies. Now the index is almost twice as long as it used to be. Members, staff, and the public The Subject index lists every topic (excluding recognition of guests) and the Speaker index lists each time a member spoke on a matter (excluding recognition of guests). This task was done by Jeff Bursey and Linda Henry (appointed Assistant Manager in April 2007). The index is available online. In September, the manager was invited to make a presentation to both sides of the House on how best to use the new index, and these presentations looked to be helpful. In November, an index was done along these same lines that covered the Fall sitting.

The daily Hansard, and Question Period, have been distributed on a consistent, reliable, and efficient basis since the installation of the printer in Province House in the fall of 2004, and are posted on the Internet. The Preliminary Proceedings of Question Period are transcribed by the end of each sitting day. This means that Tuesday’s Question Period appears in print, with Statements by Members, for Wednesday’s sitting, and so on.

This task is the responsibility of one transcriber; it is edited the next day for inclusion in the complete Hansard document. The remaining three transcribers produce the rest of the day’s sitting, which is then edited by the manager. Usually the Legislature sits sixteen hours per week. The full Hansard document is produced as follows: Tuesday’s Hansard is distributed on Thursday, Wednesday’s Hansard is distributed on Friday, Thursday’s Hansard is distributed on Tuesday, and Friday’s Hansard is distributed on Wednesday. Hansard PEI is the smallest in‐house Hansard in Canada.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 28 Reports from House Services Hansard

In 2007 the Hansard Hansard is completed sometime in the afternoon of any given day, and is staff consisted of then sent to the printer in Province House. It is usually set to be printed at transcribers Judy a time when it won’t interfere with print jobs from other parts of the Burgoyne, Helen Legislature. As an example, on a Thursday the printing job would begin Gunter, Linda Henry, anywhere between 5:30 p.m. and 6:30 p.m., when the printer is not in and Barbara O’Hare. demand. After going to print, the Hansard document is e‐mailed to a member of the administrative staff in Province House. That person posts it on the web. Hansard controls neither the distribution of the printed document nor the loading onto the web page.

These deadlines have been in existence for some years. Occasionally there are requests for unedited transcripts – essentially, a preview of some part of the edited Hansard. These are provided to the Speaker, Clerk, or Clerk Assistant. They are not released to anyone else.

In 2007 the Hansard staff consisted of transcribers Judy Burgoyne, Helen Gunter, Linda Henry, and Barbara O’Hare.

At the conclusion of a session the printed Hansard, with the complete index, is bound into volumes which are distributed within the legislative offices, to government and opposition offices, and to libraries locally and nationally.

• 1996: Fourth Session of the Fifty‐ninth General Assembly; 2 volumes (1,238 pages)

• 1997‐1998: First Session of the Sixtieth General Assembly; 13 volumes (6,150 pages)

• 1998‐1999: Second Session of the Sixtieth General Assembly; 3 volumes (3,623 pages) • 1999‐2000: Third Session of the Sixtieth General Assembly; 2 volumes (1,001 pages)

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 29 Reports from House Services Hansard

Since 1999, Hansard • 2000: First Session of the Sixty‐first General Assembly; 2 volumes has produced 32,180 (1,054 pages) pages of transcripts for • 2000‐2001: Second Session of the Sixty‐first General Assembly; 2 the House. volumes (1,100 pages)

• 2001‐2002: Third Session of the Sixty‐first General Assembly; 2 volumes (2,417 pages)

• 2002‐2003: Fourth Session of the Sixty‐first General Assembly; 3 volumes (2,788 pages)

• 2003‐2004: First Session of the Sixty‐second General Assembly; 3 volumes (3,300 pages)

• 2004‐2005: Second Session of the Sixty‐second General Assembly; 4 volumes (3,762 pages)

• 2005‐2006: Third Session of the Sixty‐second General Assembly; 3 volumes (3,466 pages)

• 2006‐2007: Fourth Session of the Sixty‐third General Assembly; 2 volumes (2,281 pages)

Hopefully, it can be seen from this that 2007 marked a development in the formulation of a more useful index, while moving Hansard PEI into new terrain.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 30 Reports from House Services Library

RESEARCH LIBRARIAN With approval to re‐establish a legislative library service granted in Laura Morrell September of 2007, and staff hired to fill the two new positions by late October, progress on the library was begun in earnest. New offices were RESEARCH OFFICER constructed in the lobby of the Coles Building for the Research Librarian Ryan Conway and Research Officer, with the official move‐in happening early in the new year. Along with the physical construction of offices came the challenge of sounding out the dimensions and work responsibilities of the new In 2007, approval was positions. Both staff members hit the ground running and have been given by the House for building a responsive and quality library service. the re‐establishment of

the Legislative Library. The next step was hiring an interior designer for some professional The first Legislative guidance in renovating the interior of the Whelan Room, the future site of Library was created in the library, on the first floor of the Coles Building. The company Fortune 1773, with the 50 Design was hired to do the redesign of the interior. establishment of the

Legislature, but by 1971 The design services of Mr. Luis Roman were engaged and consultations it was only an adjunct of held in the library space, with a design plan promised early in the new the Confederation Centre year. Public Library, and a

responsibility of the In the meantime, the Research Librarian had several meetings with Department of librarians and library technicians from around the Island to connect with Education. the local professional network. In addition to meetings with Pam Borden of the Law Society library; Kathleen Eaton, Provincial Librarian; Simon Lloyd, UPEI Special Collections Librarian; Mark Leggot, UPEI University Librarian; and Nichola Cleaveland, Government Services Librarian, she also joined the Prince Edward Island Professional Librarians’ Association and attended its semi‐annual meeting in November. An introduction to information sources available through the Canada Institute for Scientific and Technical Information was held at the NRC Institute for Nutrition & Health on the UPEI campus, attended by the Research Librarian. EBSCOhost database representative Fabien Verdier made a brief

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 31 Reports from House Services Library

Originally, the Legislative presentation to the Librarian, and a trial of Canadian Reference Centre Library was housed on was provided to library staff. the second floor of Province House, between Since beginning work in November, 2007, the Research Officer has the Assembly Chamber undertaken several research reports and briefs. The largest task has been and the Council research into the cosmetic use of pesticides on behalf of the Standing Chamber. Today, the Committee on Agriculture, Forestry and the Environment. A lengthy room can be seen report on provincial and municipal legislation and educational restored to the programming was presented to the committee on this issue in February, 1864 period . 2008. There have also been several shorter research briefs delivered to the committee, on topics such as the status of the chemical 2,4‐D in Sweden, pesticide regulatory enforcement and budgeting, PEI’s Pesticides Control Act and regulations, and other matters. For the Standing Committee on Community Affairs and Economic Development the Research Officer wrote and presented a report on Sunday shopping legislation in other provinces and states and the history of the issue on PEI. Several individual members have also made use of the Research Officer’s services, mainly in order to obtain information on particular topics relevant to committee deliberations. One member engaged the Research Officer on a longer‐term project toward the drafting of a Private Member’s Bill.

In addition to research projects, the Research Officer has assisted the standing committees by writing short summaries of the numerous presentations given by committee witnesses. The Research Officer has The spool of cotton also assisted the committee clerks in the preparation of committee ribbon seen on a table in reports. the library was once used The Research Officer position is new, and still in development. Part of the to tie up bundles of ongoing work is to familiarize members with the research services documents, hence, the available to them. To provide more efficient, accurate and expedient term "red tape". services, the network of research resources and contacts is constantly expanding.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 32 Reports from House Services Sergeant‐At‐Arms

SERGEANT‐AT‐ARMS & The Sergeant‐At‐Arms is part of the Office of the Legislative Assembly as GENTLEMAN USHER OF THE defined in the Legislative Assembly Act, RSPEI 1988 Cap L‐7. The position BLACK ROD is steeped in parliamentary tradition. Warrant Officer J.A. (Al) McDonald With the Sergeant‐At‐Arms and the Mace, the House may exercise its considerable rights and privileges and the various parliamentary functions assigned to it.

The office originated in Today, the Sergeant‐At‐Arms on Prince Edward Island is responsible for the early years of the the provision of security services for the Legislative Assembly, bearing the British Parliament, when Mace during the daily procession into the House, ensuring the mace‐bearing members safekeeping of the Mace, and carrying out such other duties as may be of the Royal bodyguard assigned by the Speaker or the Clerk. were assigned to attend the Speaker at sittings of The Sergeant‐At‐Arms is also responsible for the implementation and day‐ the House of Commons. to‐day operations of security policies for the Legislative Assembly. The objective is to provide a safe and secure environment for MLAs and Assembly staff to conduct their parliamentary responsibilities in Province W/O Al McDonald, a long House and the Coles Building. At present, assisting the Sergeant‐At‐Arms time member of the Corps in the delivery of security services are seven Members of the Canadian of Commissionaires serving Corps of Commissionaires (one full‐time and six part‐time). at Province House, was appointed Sergeant‐At‐ Additional responsibilities include monitoring and maintenance of Arms effective electronic surveillance equipment, additional training of security July 6, 2007. personnel, liaison with Charlottetown City Police as required, creation of contingency plans for bomb threats, fire evacuation plans, contact for assistance with public demonstrations, and other duties.

For the first time, PEI has an Assistant Sergeant‐At‐Arms. Mr. Maurice Fitzpatrick of Tracadie was appointed to this position by the House on July 6, 2007.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 33 The Indemnities & Allowances Commission

COMMISSION MEMBERS The independent Indemnities and Allowances Commission is appointed Barbara Stevenson, Q.C., by the Speaker of the Legislative Assembly (pursuant to Section 46 of Chair the Legislative Assembly Act, R.S.P.E.I. 1988, Cap. L‐7) and is charged with the responsibility of making binding decisions on remuneration and Blair Campbell, allowances to be paid to Members of the Legislative Assembly, Premier, Commissioner Speaker, Ministers of the Crown, various House positions and Executive Leonard Cusack, Council Committee positions. Commissioner The Commission conducts an annual review of remuneration and DATE REPORT FILED allowances and submits, on or before December 1 each year, a report December 3, 2007 determining the remuneration and allowances to be paid to the persons referred to in subsection 46(1) of the Legislative Assembly Act.

In 2007, the Commission increased MLA remuneration by 2% effective April 1, 2008, and commenced a review of the Pension Plan for Members of the Legislative Assembly, on which the Commission will report in 2008.

Members of the Commission are appointed for the duration of the General Assembly in which they are appointed, or for not more than five years.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 34 Prince Edward Island Branch of the Commonwealth Parliamentary Association

The Association is a The CPA is an association of Commonwealth parliamentarians who, charity registered regardless of gender, race, religion or culture, are united by community under the laws of the of interest, respect for the rule of law and individual rights and United Kingdom. freedoms, and by pursuit of the positive ideals of parliamentary democracy.

The Association is a charity registered under the laws of the United Kingdom. Its stated purpose is to promote knowledge and understanding of the constitutional, legislative, economic, social and cultural systems within a parliamentary democratic framework. It undertakes this mission with particular reference to the countries of the Commonwealth of Nations and to countries having close historical and parliamentary associations with it.

The CPA provides the sole means of regular consultation among Members of Commonwealth Parliaments. It fosters cooperation and understanding among them and promotes the study of, and respect for, Parliament. Its role is endorsed by Commonwealth Parliaments and Heads of Government.

The CPA pursues these objectives by means of • annual Commonwealth Parliamentary Conferences, Regional Conferences, and other symposiums; • interparliamentary visits; • parliamentary seminars and workshops; • publications, notably The Parliamentarian, Canadian Parliamentary Review and two newsletters on CPA activities and on parliamentary and political events; • Parliamentary Information and Reference Centre communications.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 35 Prince Edward Island Branch of the Commonwealth Parliamentary Association

President of the P.E.I. In 2007 the Prince Edward Island Branch participated in the following Branch is the Honourable activities of the Canadian Region of the CPA: Kathleen Casey, MLA, Speaker of the Legislative • As noted previously in this report, the Canadian Presiding Officers’ Assembly, and Branch Conference was hosted in Prince Edward Island in January, 2007. PEI Secretary is delegates were Hon. Greg Deighan, Speaker; Andy Mooney, Deputy Charles MacKay. Speaker; Charles MacKay, Clerk; and Marian Johnston, Clerk Assistant and Committee Clerk.

• At the request of the Canadian Region, and attending as the Canadian Regional Representative, the Branch President Hon. Greg Deighan attended the CPA Mid‐Year Executive meetings in Cyprus in April, 2007.

• Prince Edward Island was scheduled to host the Atlantic Parliamentary Conference in Charlottetown in June, 2007; however, with the Provincial General Election of May 28, 2007, the Conference was rescheduled for June 19 ‐ 22, 2008.

• At the 45th Annual Canadian Regional Conference in Winnipeg, Manitoba from July 24 ‐ 29, 2007, the PEI representatives were Hon. Kathleen Casey, Cynthia Dunsford, Paula Biggar, Pat Murphy, Robert Vessey, Jim Bagnall and Charles MacKay, Clerk .

• The Annual Canadian Regional Seminar was held in Haines Junction, Yukon from September 6 ‐ 8, 2007. PEI representatives were Hon. Olive Crane, Alan McIsaac and Marian Johnston, Clerk Assistant and Committee Clerk.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 36 Prince Edward Island Branch of the Commonwealth Parliamentary Association

Questions may be • The 53rd Commonwealth Parliamentary Conference and Small directed to: Countries Conference was held in New Delhi, India from September 21 ‐ 30, 2007. PEI’s delegate was Branch President Hon. Kathleen Office of the Clerk, Casey, who also attended the CPA Executive Committee meetings as Province House, one of three Canadian Representatives. Box 2000, Charlottetown, P.E.I. • PEI also participated in the 2007 Parliamentary Seminar in Ottawa in C1A 7N8 October, 2007. PEI representatives were Janice Sherry and Sonny Gallant. (tel) 902‐368‐5970, (fax) 902‐368‐5175

or e‐mail [email protected].

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 37 Part 3 - Connections PROCEDURE, HISTORY, & SYMBOLS OF THE LEGISLATIVE ASSEMBLY

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 38 A Day in the Life of the House

The daily meeting of the Tradition plays an important part of how business is conducted in the Assembly is called a Legislative Assembly, reminding us of our roots in the past while sitting, and ends providing a familiar foundation on which to base the present and build every day with an the future. These traditions are on display every day, starting with the adjournment. daily procession of officers and staff into the House.

Members take their places in the House and await the arrival of the The annual meeting of Speaker’s Procession, which is made up of the Sergeant‐At‐Arms the Assembly is called a carrying the Mace, the Speaker, the Clerk and Clerk Assistant, and House session. A session is pages. Members stand as the Speaker enters the House and takes the made up of many sittings Chair, then a prayer is read and the Speaker officially opens the sitting. and ends when the Lieutenant Governor Once prayers have been said, Members sit down and the daily journal of declares it prorogued. House business for the last‐but‐one sitting day is approved. The Speaker then orders the doors opened and the public is allowed into the gallery. A general assembly is the period between The House has an established agenda called the Ordinary Daily Routine general elections. which the Speaker follows to keep order, and to ensure that all items of business are addressed during the sitting, in the following order:

Matters of Privilege & Recognition of Guests ‐ Members have an opportunity to correct an incident or impression which has infringed on the rights, immunities, or credibility of the House, as well as welcome any guests present in the public gallery

Statements by Members ‐ Members who are not Cabinet Ministers may make statements on matters of national, regional, or local importance. Designed by Canadian manufacturer Henry Birks and Sons Ltd., the Mace incorporates the seals of the ten Canadian provinces and the Coat of Arms of Canada. It was a gift to the Assembly from the Commonwealth Parliamentary Association (Canadian Region) in 1966.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 39 A Day in the Life of the House

Additional business, such as Government Motions Questions by Members ‐ also known as oral question period, this and Orders of the Day 45‐minute period gives Members a chance to address questions to (Government), Motions Ministers and committee chairs, but only about their current other than Government, Portfolio. and Orders other than Government, are added Statements by Ministers ‐ Ministers begin by responding to oral after the Ordinary Daily questions taken as notice, then deliver short, factual statements of Routine on scheduled government policy. Opposition spokespersons can add their weekdays. comments.

Presenting and Receiving Petitions ‐ a formal request by Islanders addressing a local issue or grievance. Only Members may present the petition, although the public may attend in the gallery. The petition is ordered received and is placed on the Clerk’s Table.

Tabling of Documents ‐ Members provide answers to written questions asked in previous sittings, and have the opportunity to present annual reports, departmental budgets, media items, and other documents. Once a document is tabled, it becomes public record and accessible to all.

Reports by Committees ‐ Committees may present oral or written reports of their activities to the House.

Introduction of Government Bills ‐ Government Bills are any bills introduced to the House by a Minister. The first presentation of a bill is automatic, allowed without debate, amendment, or question.

When the House has concluded its business for the day, a Member makes a motion to adjourn the sitting until a specific time and date, usually the following day. Once it’s seconded by another Member, the motion is carried and the House adjourns.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 40 Living With the Past: 235 Years of Government

The Chief Justice acted as In 1769, Governor Walter Patterson received instructions to create a president of the seven‐member advisory council to help with administration of the Legislative Council, but colony. Governor Patterson expressed doubts as to whether the colony early reforms in 1838 possessed seven upright, responsible men to appoint to the Council; excluded the Chief and nevertheless, the Council first met in 1773, playing the dual role of the Bishop of Nova Scotia Executive Council when advising the Governor, and Legislative Council from membership in when dealing with legislative matters. either Council. By 1838, it was recognized that the Executive and Legislative Councils needed to be separated. Previous to this reform, the balance of power rested with a few families from Charlottetown, leaving the outlying areas of the province without representation in either Council. In the new system, members of both Councils were still appointed and not elected, but they were to represent all parts of the Island.

The problem of appointment was addressed with the Assembly’s 1840 petition to the Queen for responsible government. Confidence in the Executive and Legislative Councils was low since appointments to either Council often lasted a person’s lifetime, representing only a few with vested interests.

Responsible government was granted in 1851, but it wasn’t until ten years later that members of the Legislative Council were elected, rather than appointed, in one of 13 districts across the Island. The Legislative Assembly as we know it today was finally created in 1893 when an act Present day photo of the abolishing the Legislative Council was passed, and the single house of Legislative Council Chamber government renamed. (From Archives PEI) restored to 1864 period.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 41 Living In the Past: 161 Years of Province House

Province House is managed Completed in 1847, this neo‐classical building was designed and built by jointly by the Government local architect Isaac Smith to accommodate the Provincial Legislature of Prince Edward Island and administrative offices. It also housed the Island's Supreme Court and Parks Canada, under until 1872. an agreement signed between the two in 1974. Issac Smith's plans were for a three‐storey stone structure of classic proportions and detail with a central portico and substantial columns. This was in keeping with 19th century interest in Greek and Roman styles for public buildings and was thought particularly suitable for a As part of the agreement, legislature. Parks Canada undertook a major restoration of When tenders for trades were accepted, it was found necessary to leave Province House, completed the Island only for stone, which was brought from Nova Scotia. Stone‐ in 1983 and costing about masonry, brick‐laying, carpentry, joinery, plastering, slating, painting, $3.5 million dollars. glazing, sheet metal working and excavating were all done by Islanders, proud that the new Colonial Building was indeed a local accomplishment.

The cornerstone was laid in May, 1843 ‐ a band, parade, and a speech by the lieutenant governor were some of the events marking the occasion. The first session of the Prince Edward Island Legislature, held in the new Colonial Building in January 1847, marked the official opening of the structure.

In September 1864, Province House was the scene of the first conference on colonial union. Delegates from the colonies of Prince The main doors of Province House Edward Island, New Brunswick, Nova Scotia, and Canada met in the face down Great George Street toward Charlottetown Harbour. legislative council chamber, now the Confederation Chamber, to begin Photo by Brian Simpson. discussions which led to confederation in 1867. (from Parks Canada) Province House was officially designated a National Historic Site In 1966.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 42 Living In the Past: 161 Years of Province House

PROVINCE HOUSE & QUEEN SQUARE From Province House Management Plan, Parks Canada, May 2005

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 43 History of the Commonwealth Parliamentary Association

The CPA was founded in The CPA was founded in 1911 as the Empire Parliamentary Association 1911 as the Empire and its affairs were administered by the United Kingdom Branch. The Parliamentary original member Branches were Australia, Canada, Newfoundland, New Association and its Zealand, South Africa and the United Kingdom. Evolving with the affairs were administered Commonwealth, the CPA in 1948 adopted its present name, changed its by the United Kingdom rules to enable all member Branches to participate in the Association's Branch. management, and established a separate Secretariat to manage its affairs.

Association Branches now exist in more than 165 national, state, provincial and territorial Parliaments, with a total membership of over 14,000 Parliamentarians.

Today's resurgence of parliamentary democracy is evident in the growth of the CPA. In the 1990s, nearly 30 new Parliaments and Legislatures joined or rejoined the CPA: Cameroon; Fiji; newly devolved Assemblies in Canada, India and the United Kingdom; Maldives; Mozambique; Nigeria; Seychelles; South Africa and its provinces; Uganda; and Zanzibar in Tanzania. Pakistan and its provinces were members until the 1999 coup d’état.

The CPA in 1989 created the constitutional posts of Patron and Vice‐ Patron. Her Majesty The Queen as the Head of the Commonwealth consented to become Patron. The Vice‐Patron is normally the Head of State or Government of the Branch hosting the coming plenary conference. In 2004, the right Honourable Adrienne Clarkson, then Governor General of Canada, served as Vice‐Patron for the CPA, when the plenary session was held in Canada. Currently, the Prime Minister of India, the Honourable Manmohan Singh, MP, serves as Vice‐Patron, as New Delhi hosted the last plenary meeting in 2007. Association Branches now exist in more than 165 national, state, provincial and territorial Parliaments.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 44 Colonial Beginnings: The Role of the Lieutenant Governor

Honourable Barbara A. The Lieutenant Governor is an important element in both the Legislative Hagerman was installed and Executive Government of the Province. In addition to summoning, as the 40th Lieutenant proroguing, and dissolving the Legislative Assembly, the Lieutenant Governor of Prince Governor appoints and swears in, with the advice of the Premier, Edward Island on members of the Executive Council. Moreover, the Lieutenant Governor July 31, 2006. gives Royal Assent in Her Majesty's name to all measures and bills passed by the Legislative Assembly, and signs Orders‐in‐Council, Proclamations, Crown Grants and other official documents, to give them the force of law.

The Offices of the Monarch, Governor General, and Lieutenant Governor are entrenched in the Canadian Constitution, and no changes can be made to the offices without unanimous approval of all Provincial Legislative Assemblies, the House of Commons, and The Senate.

The Lieutenant Governor is appointed by the Governor General, on the advice of the Prime Minister of Canada, for a period of not less than five Ms. Hagerman serves as Chancellor to the Order of Prince years. Those appointed are generally persons who have served their Edward Island, and was invested country and/or province with distinction for many years. (From PEI as a member of the Order of Government website) Prince Edward Island (Insignia of the Order ‐ O.P.E.I.) on July 31, 2006.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 45 Symbols of Authority The Mace The Speaker’s Procession which opens each sitting of the Assembly is not complete without the Mace, the symbol of the Speaker’s authority and the authority of the House. Carried on his right shoulder at the front of the procession by the Sergeant‐At‐Arms, the Mace must be present at all times while the House conducts its business. It rests on the Clerk’s Table, with the Prince Edward Island Shield of Arms facing upward, while the Speaker is in the Chair, and is moved to a rack in front of the Clerk’s Table when the Speaker leaves the Chair.

Originally the symbol of the Crown’s authority, the mace is now considered symbolic of parliament’s authority and the Speaker’s authority ‐ with the Speaker's authority being inseparable from the House itself.

The Black Rod The Lieutenant Governor reads the Speech from the Throne at the beginning of every session, providing an outline of the government’s plans for the session. To gain access to the House, the Lieutenant Governor is escorted in procession by the Gentleman Usher of the Black Rod to the doors of the House. In a ceremony added in 2000, the Gentleman Usher taps on the door with the Black Rod to ask permission for the Lieutenant Governor to enter the House. This symbolic act emphasizes that the people of Prince Edward Island, and their elected Members, are supreme, rather than the Crown.

Early use of the Black Rod Prince Edward Island has a relatively new, and unique, Black Rod. It is in 1348 suggests it was made of Island Red Oak, Prince Edward Island’s official tree. It has a used to deny the admission gold band at the top representing the Lieutenant Governor of the of unauthorized persons to Province, a silver band representing the Speaker, red, white and blue various festivals and events signifying the Clerk, Clerk Assistant and Sergeant‐At‐Arms, four white at Windsor Castle. rings for the pages and large and small dark green rings representing the Province and the three counties, respectively.

Two Island pennies have been mounted beneath. These are the only Island coins ever minted for P.E.I. and show on the face “Victoria Queen 1871" and on the reverse the Provincial Oak trees. Below this

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 46 Symbols of Authority

The Black Rod later came to are the 27 grooves representing the 27 electoral districts in Island rust, reflect an occurrence in the the colour of our unique soil. British House of Commons in 1642 when King Charles I Lloyd Kerry’s Woodworking of Charlottetown crafted the redesigned stormed the Chamber to Black Rod with the assistance of Ivan Kerry, Sergeant‐At‐Arms of the arrest five Members who Prince Edward Island Legislative Assembly (1997 ‐ 2003). Island opposed him, but the historian Doug Morton presented as a gift the two 1871 coins mounted Speaker of the day in the base of the Rod. refused to turn them over.

Legislative Assembly Emblem Though not officially adopted by the House, the emblem of the Legislative Assembly was developed to provide a uniform branding for the House. Designed by Robbie Dover, it features a maple leaf silhouette behind Province House, with a representation of the Mace, the symbol of authority for the Speaker and the House, resting under the House.

Tricorn Hat The dignity and authority of the Speaker is reinforced in dress as well as in tradition. When sitting in the house, the Speaker wears a black silk robe, originally in imitation of the power and authority invested in Queen’s Council of the court system. The Speaker also wears a tricorn hat when entering and exiting the House, removing it while in the Chair.

A tricorn is a hat with a very wide brim that has been pinned up on three sides, giving the hat three corners, or points. It is traditionally made out of black felt, and was popular in the seventeenth and eighteenth centuries, when it was part of civilian dress and military and naval uniforms.

The first Speaker to wear the hat in the Prince Edward Island Legislative Assembly was Dan Compton, in 1979.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 47 Symbols of Authority Bowler Hat One of the more interesting traditions that continues in the House today revolves around the wearing of the bowler hat.

When a matter of money or legislation is referred to a Committee of the Whole House for consideration, the Speaker leaves the Chair and another Member sits at the Table to chair the discussion. The Rules of the House require Members to “rise in his place, head uncovered, and address the Speaker”. It is thought that the tradition of the bowler hat serves to remind that the Chair of the Committee of the Whole House is entitled to certain privileges that extend beyond those of regular Members.

Today, that privilege has translated into the Member ceremonially putting the hat on for a moment, then removing it and setting it on the Table, in recognition of his or her role as Chair as the House collectively considers the matter before it.

Gavel A gavel is a small ceremonial mallet used by presiding officers to call for attention or to punctuate rulings and proclamations. It is customarily struck to indicate the opening and closing of proceedings, giving rise to the phrase "gavel‐to‐gavel" to describe the entirety of a meeting or session.

Sixth Annual Report of the Legislative Assembly of Prince Edward Island 48